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Re: Next door tenants damaged my property
by Bryan (Ia)
on February 18, 2012 @15:54
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Provide a specific example in any state's statutes.
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Re: Next door tenants damaged my property
by Susan
on February 18, 2012 @17:07
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What is an individual’s duty of care as a “possessor of the land”? In Iowa, if a person that owns or possesses property permits a third person to come onto the premises, he is under a duty of care to reasonably control the conduct of that person. This means that the owner or possessor must prevent the entrant from intentionally harming others. The Iowa Court of Appeals recently examined this issue, bringing to light a possessors duty to control the actions of tenants upon the possessors property. If the landlord knows that the tenant is harming the property rights of adjacent landowners and does nothing to modify the tenant’s conduct or terminate the lease, the landlord can be held liable along with the tenant. The court’s opinion is a victory for the protection of private property rights, and will help reduce land-use conflicts in Iowa.
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Re: Next door tenants damaged my property
by Susan
on February 18, 2012 @23:39
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"If the landlord knows that the tenant is harming the property rights of adjacent landowners and does nothing to modify the tenant’s conduct or terminate the lease, the landlord can be held liable along with the tenant" Can you not read, it state's adjacent landowners! As to plagiarism, this information is provided freely from the Iowa State Bar Association. If you do not understand why the building owner/landlord would be liable, then perhaps you can give a 'citation' why the building owner/landlord would not be liable!
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Re: Next door tenants damaged my property
by MrDan (Georgia)
on February 19, 2012 @10:39
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In your way of thinking, your neighbor could invite some kids over to the neighbors property and they throw rocks at your house and damage it. Under your thinking, you would not have any recourse against the neighbor, but only against the kids and the kids parents. What if the neighbor had twenty kids at a party each weekend that proceeded to throw rocks at your house and damage it. Would you be able to locate the kids parents to seek damages? What if the neighbor had a different group of twenty kids over each weekend? At what point would the neighbor be responsible for the conduct of the kids? Are, as you imply in your statement, the building owner has no duty to protect his neighbor from the building owner's tenants damaging the neighbors siding. Common law would imply that the either the neighbor or in the case, building owner would be held responsible for the actions of those in their control. The neighbor could stop having kids over to throw rocks and the building owner could evict the tenants to prevent damaging the neighbors siding.
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Re: Next door tenants damaged my property
by Bryan (Ia)
on February 20, 2012 @02:29
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I have never made any such claim. I have only asked to be able to be allowed to review the sources that others have used in forming their opinions. I have asked the same from you occasionally and you provided the source without hesitation.
I simply want to be able to read the original source to verify it's relevance and the accuracy of the information relayed. Not to much to ask, is it?
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Re: Next door tenants damaged my property
by xxx
on February 20, 2012 @13:07
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i think your example is different, in that the "neighbor" has control over and use of the property, with the ability to invite guests over, and to get them to leave if they are causing problems
thus the neighbor is the one with control of the use of the property, and so it is the neighbor who is causing the problems
the owner (i'm assuming the neighbor is a tenant, and someone else is the owner) if he has leased the property to the tenant does not have the right to use the premises during the term of the lease
the owner cannot have parties there, invite guests over, tell guests to leave, etc.: all he can do is visit for maintenance, to show to new potential tenants, etc.; so under lease law, the owner does not use and control the premises for his own purposes
there is the principle of anyone can sue anyone for anything, and in the interests of not having fights with other residents in the area an owner has an interest in trying to evict problem tenants, but in your example a third party would have a right of action against the "neighbor", the kids, and their parents
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